Rule 4901:2-7-11 | Settlement agreements.
(A) Should the staff and the respondent reach agreement regarding the occurrence of a violation, the amount of a forfeiture to be assessed, or the nature of a compliance order to be made, the agreement may be reduced to writing in a "settlement agreement." Where an agreement is signed by the director and by the respondent, it is fully binding upon the commission and the respondent upon execution, except as otherwise provided in this rule.
(B) A settlement agreement may contain an agreed forfeiture, an agreed compliance order, another agreed remedy, or withdrawal of the violation, regardless of the remedy specified in the notice of apparent violation, notice of intent to assess forfeiture, notice of intent to make compliance order, or a combined notice.
(C) Settlement agreements providing for the payment of forfeitures of ten thousand dollars or more for any violation are not effective until approved by and made the order of the commission.
(D) In negotiating a settlement agreement, staff may consider any matters as justice may require, including, but not limited to:
(1) Mitigating circumstances relevant to the occurrence of the violation.
(2) The respondent's ability to pay.
(3) The effect on the respondent's ability to continue in business.
(4) Imposition of remedies to assure future compliance other than those specified in the notice.
(E) Notwithstanding paragraph (A) of rule 4901:2-7-11 of the Administrative Code, a respondent is deemed to have accepted the terms of a settlement agreement, if the settlement agreement only requires the respondent to pay an agreed forfeiture and the respondent pays that forfeiture.
Last updated July 27, 2023 at 9:31 AM
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